Received; read twice and referred to the
Committee on Foreign
Relations

AN ACT

To encourage and facilitate the
consolidation of peace and security, respect for human rights, democracy, and
economic freedom in Ethiopia.

1.

Short title

This Act may be cited as the
Ethiopia Democracy and Accountability
Act of 2007.

2.

Statement of
policy

It is the policy of the
United States to—

(1)

support the
advancement of human rights, democracy, independence of the judiciary, freedom
of the press, peacekeeping capacity building, and economic development in the
Federal Democratic Republic of Ethiopia;

(2)

seek the
unconditional release of all political prisoners and prisoners of conscience in
Ethiopia;

(3)

foster stability,
democracy, and economic development in the region;

(4)

support
humanitarian assistance efforts, especially in the Ogaden region;

(5)

collaborate with
Ethiopia in the Global War on Terror; and

(6)

strengthen United
States-Ethiopian relations based on the policy objectives specified in
paragraphs (1) through (5).

3.

Support for human
rights in Ethiopia

The
Secretary of State shall—

(1)

provide financial
support to local and national human rights groups and other relevant civil
society organizations to help strengthen human rights monitoring and regular
reporting on human rights conditions in Ethiopia;

(2)

provide legal
support, as needed, for political prisoners and prisoners of conscience in
Ethiopia and assist local, national, and international groups that are active
in monitoring the status of political prisoners and prisoners of conscience in
Ethiopia;

(3)

seek to promote
and bolster the independence of the Ethiopian judiciary through—

(A)

facilitation of
joint discussions between court personnel, officials from the Ethiopian
Ministry of Justice, relevant members of the legislature, and civil society
representatives on international human rights standards; and

(B)

encouraging exchanges between Ethiopian and
United States jurists, law schools, law professors, and law students,
especially in legal fields such as constitutional law, role of the judiciary,
due process, political and voting rights, criminal law and procedure, and
discrimination;

(4)

establish a
program, in consultation with Ethiopian civil society, to provide for a
judicial monitoring process, consisting of indigenous organizations,
international organizations, or both, to monitor judicial proceedings
throughout Ethiopia, with special focus on unwarranted government intervention
on matters that are strictly judicial in nature, and to report on actions
needed to strengthen an independent judiciary;

(5)

establish a
program, in consultation with Ethiopian civil society, and provide support to
other programs, to strengthen independent media in Ethiopia, including
training, and technical support;

(6)

expand the Voice
of America’s Ethiopia program;

(7)

support efforts of
the international community to gain full and unfettered access to the Ogaden
region for—

(A)

humanitarian
assistance organizations; and

(B)

independent human
rights experts; and

(8)

work with
appropriate departments and agencies of the Government of the United States and
appropriate officials of foreign governments—

(A)

to identify
members of the Mengistu Haile Mariam regime and officials of the current
Government of Ethiopia who were engaged in gross human rights violations,
including those individuals who may be residing in the United States;
and

(B)

to support and
encourage the prosecution of individuals identified under subparagraph (A) in
the United States or Ethiopia.

4.

Support for
democratization in Ethiopia

(a)

Strengthening
Local, Regional, and National Democratic Processes

The Secretary
of State shall—

(1)

provide assistance
to strengthen local, regional, and national parliaments and governments in
Ethiopia, as needed;

(2)

establish a
program focused on reconciliation efforts between the Government of Ethiopia
and political parties, including in minority communities, in preparation for
negotiation and for participation in the political process; and

United
States technical assistance for democracy promotion in Ethiopia should be made
available to all political parties and civil society groups in Ethiopia.

(2)

Restriction

(A)

In
general

Nonessential United States assistance shall not be made
available to the Government of Ethiopia if the Government of Ethiopia acts to
obstruct United States technical assistance to advance human rights, democracy,
independence of the judiciary, freedom of the press, economic development, and
economic freedom in Ethiopia.

(B)

Definition

In
this paragraph, the term nonessential United States assistance
means assistance authorized under any provision of law, other than humanitarian
assistance, food aid programs, assistance to combat HIV/AIDS and other health
care assistance, peacekeeping assistance, and counter-terrorism
assistance.

5.

Ensuring
government support for human rights, democracy, and economic development in
Ethiopia

(a)

Limitation on
Security Assistance; Travel Restrictions

(1)

Limitation on
security assistance

(A)

In
general

Except as provided in subparagraph (B), security
assistance shall not be provided to Ethiopia until such time as the
certification described in paragraph (3) is made in accordance with such
paragraph.

(B)

Exception

Subparagraph (A) shall not apply with
respect to peacekeeping assistance, counter-terrorism assistance, or
international military education and training for civilian personnel under
section 541 of the Foreign Assistance Act of 1961 (commonly referred to as
Expanded IMET). Peacekeeping or counter-terrorism assistance
provided to Ethiopia shall not be used for any other security-related purpose
or to provide training to security personnel or units against whom there is
credible evidence of gross human rights abuses or violations.

(2)

Travel
restrictions

Beginning on the date that is 60 days after the date
of the enactment of this Act and until such time as the certification described
in paragraph (3) is made in accordance with such paragraph, the President shall
deny a visa and entry into the United States to—

(A)

any official of
the Government of Ethiopia—

(i)

who
has been involved in giving orders to use lethal force against peaceful
demonstrators or police officers in Ethiopia; or

(ii)

against whom
there is credible evidence of gross human rights abuses or violations;

(B)

security personnel
of the Government of Ethiopia who were involved in the June or November 2005
shootings of demonstrators;

(C)

security personnel
responsible for murdering Etenesh Yemam; and

(D)

security personnel
responsible for murdering prisoners at Kaliti prison in the aftermath of the
election violence in 2005.

(3)

Certification

The
certification described in this paragraph is a certification by the President
to Congress that the Government of Ethiopia is making credible, quantifiable
efforts to ensure that—

(A)

all political
prisoners and prisoners of conscience in Ethiopia have been released, their
civil and political rights restored, and their property returned;

(B)

prisoners held
without charge or kept in detention without fair trial in violation of the
Constitution of Ethiopia are released or receive a fair and speedy trial, and
prisoners whose charges have been dismissed or acquitted and are still being
held are released without delay;

(C)

the Ethiopian
judiciary is able to function independently and allowed to uphold the Ethiopian
Constitution and international human rights standards;

(D)

security personnel
involved in the unlawful killings of demonstrators and others, including
Etenesh Yemam, and Kaliti prisoners are held accountable;

print and
broadcast media in Ethiopia are able to operate free from undue interference
and laws restricting media freedom, including sections of the Ethiopian Federal
Criminal Code, are revised;

(G)

licensing of
independent radio and television in Ethiopia is open and transparent;

(H)

Internet access is
not restricted by the government and the ability of citizens to freely send and
receive electronic mail and otherwise obtain information is guaranteed;

(I)

the National
Election Board (NEB) includes representatives of political parties with seats
in the Ethiopian Parliament and the NEB functions independently in its
decision-making;

(J)

representatives of
international human rights organizations engaged in human rights monitoring
work, humanitarian aid work, or investigations into human rights abuses in
Ethiopia are admitted to Ethiopia and allowed to undertake their work in all
regions of the country without undue restriction; and

(K)

Ethiopian human
rights organizations are able to operate in an environment free of harassment,
intimidation, and persecution.

(4)

Waiver

(A)

In
general

The President may waive the application of paragraph (1)
or (2) on a case-by-case basis if the President determines that such a waiver
is in the national security interests of the United States.

(B)

Notification

Prior
to granting a waiver under the authority of subparagraph (A), the President
shall transmit to Congress a notification that includes the reasons for the
waiver.

(b)

Treatment of
Political Prisoners and Prisoners of Conscience

(1)

In
general

The President, the Secretary of State, and other relevant
officials of the Government of the United States shall call upon the Government
of Ethiopia to immediately—

(A)

release any and
all remaining political prisoners and prisoners of conscience, especially
prisoners held without charge; and

(B)

allow full and
unfettered access to the Ogaden region by humanitarian aid organizations and
international human rights investigators.

(2)

Torture victim
relief

While it is the responsibility of the Government of
Ethiopia to compensate the victims of unlawful imprisonment and torture and
their families for their suffering and losses, the President shall provide
assistance for the rehabilitation of victims of torture in Ethiopia at centers
established for such purposes pursuant to section 130 of the Foreign Assistance
Act of 1961 (22
U.S.C. 2152).

(c)

Sense of
Congress

It is the sense of Congress that the Government of the
United States should—

(1)

encourage the Government of Ethiopia to
enter into discussions with opposition political groups interested in
reconciliation in order to bring such groups into full participation in the
political and economic affairs of Ethiopia, including their legalization as
political parties, and provide such assistance as is warranted and necessary to
help achieve the goal described in this paragraph; and

(2)

provide assistance
to promote the privatization of government owned or controlled industries and
properties in Ethiopia.

6.

Support for
economic development in Ethiopia

(a)

Resource Policy
Assistance

The President, acting through the Administrator of the
United States Agency for International Development and in cooperation with the
World Bank and other donors, shall provide assistance, as needed, for
sustainable development of Ethiopia’s Nile and Awash River resources, including
assistance to help Ethiopia with the technology necessary for the construction
of irrigation systems and hydroelectric power that might prevent future
famine.

(b)

Health Care
Assistance

The President, acting through the Administrator of the
United States Agency for International Development, shall provide material
support to hospitals, clinics, and health care centers in Ethiopia, especially
hospitals, clinics, and health care centers in rural areas.

7.

Report

Not later than 180 days after the date of
the enactment of this Act, the President shall transmit to Congress a report on
the implementation of this Act, including a description of a comprehensive plan
to address issues of security, human rights, including in the Ogaden region,
democratization, and economic freedom that potentially threaten the stability
of Ethiopia.

8.

Authorization of
appropriations

(a)

In
General

There are authorized to be appropriated to carry out this
Act $20,000,000 for each of the fiscal years 2008 and 2009.

(b)

Availability

Amounts
appropriated pursuant to the authorization of appropriations under subsection
(a) are authorized to remain available until expended.

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